NARESH CHANDRA SATI Vs. TINA SATI

JUDGEMENT

(1.) This appeal, preferred under Section 19 of Family Courts Act, 1984, is directed against judgment and order dated 27.09.2010, passed by Principal Judge, Family Court, Dehradun, in suit No. 315 of 2005, whereby said court has dismissed the petition for divorce filed by the Appellant on the ground that it had no territorial Jurisdiction.

(2.) Heard, and perused the record.

(3.) Brief facts, of the case are that the Appellant Naresh Chandra Sati got married to Tina (Respondent) on 21.01.2001, in Mumbai. Thereafter they lived in United States of America where on 16.10.2001, a son was born out of the wed-lock in New Jersy. It appears that the couple came back to India, and their relations got soured. The Appellant filed a petition under Section 13 of Hindu Marriage Act, 1955, before Family Court, Dehradun, in the year 2005. On 15.04.2006, an ex-parte decree of divorce passed by the Principal Judge, Family Court, Dehradun, observing that even after sufficient service on the Respondent she did not turn up to contest the suit. However, thereafter Respondent (wife) appears to have moved an application on the order IX Rule 13 of Code of Civil Procedure 1908 (for short C.P.C.) on 7 January, 2007, which was allowed by trial court on 02.07.2007, and petition for divorce was restored.